US citizen trying to stay together with gf

[CluelessAmerican 0]

I'm new to this forum -- looks like a great resource. Thanks in advance for any help you can offer!

 

I'm a US citizen. My girlfriend is Mexican and has been teaching in the US on a J1 visa for the past two years. Before we started dating, she was going to return to Mexico after the end of the school year (i.e. now). Now that our relationship has gotten serious, she wants to stay so we can be together. She and I have discussed this many times and it's clear that both of us are really committed and want to make it work.

 

Several schools are interested in hiring her for the fall. Initially her exchange program said a new J1 would be no problem, but now they are saying that she notified them too late for them to be willing to give her another visa and she'll have to go back to Mexico for a year first. We don't really understand what's going on. Is there any way to get to the bottom of this, or should we just assume that J1 is now off the table?

 

Do we have any other options? She might be able to come back temporarily on a tourist visa, but then she couldn't work, and neither of us really wants that. The only thing I can think of at the moment is marriage. But I don't know what the process and timeline is like -- would that actually make it possible for her to get a work permit or green card by the beginning of the school year (mid-August)?

 

There is of course also the question of whether marriage is a good idea. I've been hoping that her J1 would be approved, which would let her stay until June 2018. At that point (if all goes well) we'd be ready to get married and that would take care of future visa questions. This is hard for me because I generally am quite deliberate about my life decisions. But I really feel a special connection with her, and I'd like to think that at age 36, I'm no longer too young and foolish. I'm still going to be as careful as I can given the circumstances -- consult with family, friends, and so on. Meanwhile, it would be great to know more about technical aspects of the process and what our options are.

 

Many thanks!

[millefleur 5,047]

She might have difficulty getting a tourist visa after a J-1 and with an American boyfriend. They may assume immigrant intent.

 

Basically, if the J-1 doesn't work out, you have a couple options. There's the K-1 fiancee visa. This will allow her to enter the US with the purpose of getting married and then adjusting her status for a green card. However, she won't be able to work for at least 3-4 months while waiting for employment authorization, so there's that. Also, if you were to marry now and she would stay in the US with you, she would also have to adjust status and the waiting period would be the same (or maybe a little faster, I don't know if there's a difference between K-1 AOS and AOS from other types of visas.)

 

You could also marry, she returns to Mexico and applies for a CR-1 visa, the spouse visa. This visa is an immigrant visa, thus it's essentially a green card. You get work permission and all rights immediately as soon as you enter the States with a CR-1. The CR-1 takes about a year from start to finish.

 

The K-1 is faster but you have to wait to work, as mentioned above. Obviously the best case is if she gets her J-1 renewed, but these are your choices if that falls through.

Edited June 12, 2017 by millefleur

[Dashinka 24,592]

Based on the fact that you aren't certain you want to get married immediately, maybe the K1 or CR1 would be the best option so you can grow your relationship and make the decision in the future.  However, if she does not get a J1, then she would have to return to Mexico so as to not accrue any overstay time.  If you do decide you want to get married immediately, then she can stay and adjust as the spouse of a US citizen.  Millefleur already covered the potential time frames of the various visas, so I will not repeat them.  You really need to decide where you want to be in your relationship in the near and distant future.

 

Good Luck!

[AK_2014 113]

Since she's been here on a J-1, do you know whether she is or is not subject to the 2-year home residency requirement?

[CluelessAmerican 0]

Thanks for the information about K-1 and CR-1. I wasn't familiar with those visas. I'd probably be more comfortable with the fiancée visa, just so things didn't feel as rushed. Before we knew about the problems with getting a new J-1, she was already planning to go back to Mexico for about a month to visit her family this summer. If she has to go back to Mexico to get the K-1, that would be fine. The issue is not really a month or two apart but a solution that will let us stay together and let her work here.

 

It sounds like the J-1 is her best/only option for teaching this fall. If she comes back on a K-1, she can still take classes or tests to complete the requirements for her California teaching credential. She might be able to get some kind of short-term job as well.

 

AK_2014: All I know is that her J-1 was originally good through June 2018. When she initially notified her school that she'd be leaving at the end of the school year, they changed the expiration date to June 2017. It's really too bad we didn't get together a few months earlier or this wouldn't even be an issue.  I'm not sure if that answers your question, though?

[millefleur 5,047]

She won't be able to work at all until she gets her EAD, assuming you decide the K-1 route. Not even short term or internship type work. So, for those 3-4 months that she'd be waiting for authorization, she would need savings or you to support her in the US. I'm not sure about studying/taking classes during that time as I don't have personal experience with the K-1. That might be doable during the AOS limbo period.

 

Both K-1 and CR-1 visas also require financial sponsorship. You can do this yourself if you meet the income requirements, or you can find a joint-sponsor to help you. Also, you have to get married within 90 days after she enters on the K-1, so I don't know what your plans are but it's imperative to marry within that 90 days after entering.

[p-ana 933]

3-4 months for the ead alone,  not counting the time they need to set up their wedding that has to happen within the 90 days of her entry

[CluelessAmerican 0]

millefleur: I should have been clearer about the job question. I don't know exactly how much she has in savings, but it's not zero. I can support her for a few months with my own savings regardless, and longer than that if we live together. The job I had in mind would be something she'd get in late 2017 or early 2018 and last until August 2018, when she'd hopefully have a teaching job lined up.

 

I just checked the K-1 income requirements, and I'm well above them.

 

As for the 90 day marriage requirement, p-ana is obviously right that you can't plan a proper wedding in that time. I was married and divorced in my 20s and don't really feel the need to have another big wedding, but I'm only half of the equation. :-) I guess we'll find a way to make it work if K-1 is our best option.

[AK_2014 113]

1 hour ago, CluelessAmerican said:

AK_2014: All I know is that her J-1 was originally good through June 2018. When she initially notified her school that she'd be leaving at the end of the school year, they changed the expiration date to June 2017. It's really too bad we didn't get together a few months earlier or this wouldn't even be an issue.  I'm not sure if that answers your question, though?

Some J-1 holders are required to return to their home country for two years before becoming eligible to apply for permanent residence / immigrant visa. Other J-1 holders don't have this requirement. As you're planning your next steps, it's important to know her situation.

 

I don't know too much about this since our case involved adjusting from F-1, but here's an overview to get you started: http://www.visajourney.com/content/exchange-visitor-visa-guide#15

 

Maybe someone else with more expertise can jump in and help you figure out whether or not this applies to her. Cheers!

[Boiler 45,659]

Marry and adjust if she is in the US, sounds like she may have gone home?

[CluelessAmerican 0]

52 minutes ago, AK_2014 said:

Some J-1 holders are required to return to their home country for two years before becoming eligible to apply for permanent residence / immigrant visa. Other J-1 holders don't have this requirement. As you're planning your next steps, it's important to know her situation.

I understand now. Yes, that's critical to know, if true. The exchange program contact in California recently told her that if she can't get a visa this year, she'll be able to come back next school year (fall 2018). I assume that if her J-1 visa expires now, that's "the end of her visitor exchange program". If she can come back within one year, doesn't that suggest that she may not be subject to the two-year requirement? Also, I've heard that other teachers in her program have gotten H-1B visas to teach in the US after 3 years of the J-1. I'm not sure if that information helps.

[CluelessAmerican 0]

9 minutes ago, Boiler said:

Marry and adjust if she is in the US, sounds like she may have gone home?

She hasn't gone home yet. Originally she was planning to go home at the end of June and come back in August, but that was assuming she'd get a new J-1. Her current J-1 expires June 30 and apparently she must leave the country by July 31. However, if the two-year home country requirement that AK_2014 mentions turns out to apply, even marriage may not be enough. Maybe CR-1 would work, I don't know.

[Boiler 45,659]

21 minutes ago, CluelessAmerican said:

She hasn't gone home yet. Originally she was planning to go home at the end of June and come back in August, but that was assuming she'd get a new J-1. Her current J-1 expires June 30 and apparently she must leave the country by July 31. However, if the two-year home country requirement that AK_2014 mentions turns out to apply, even marriage may not be enough. Maybe CR-1 would work, I don't know.

Sorry should have commented on the HRR, most unlikely in her situation, J1 covers a wide ares.

 

Marry and adjust.

[CluelessAmerican 0]

2 minutes ago, Boiler said:

Sorry should have commented on the HRR, most unlikely in her situation, J1 covers a wide ares.

 

Marry and adjust.

Sorry for being skeptical, but can you explain why you think it's unlikely that the HRR applies? I'll be very happy if that's the case, but I want to understand why you think it's unlikely to be a problem.

[Boiler 45,659]

3 minutes ago, CluelessAmerican said:

Sorry for being skeptical, but can you explain why you think it's unlikely that the HRR applies? I'll be very happy if that's the case, but I want to understand why you think it's unlikely to be a problem.

Very few J1's are subject to the 2 year HRR those that are usually relate to being funded by Governmental sources.

 

Being a paid teacher makes this very unlikely.

 

Most of the J1's you see have the 2 Year HRR as by definition boards such as these attract those with issues, in this case a waiver for the 2 year period.